Short-Term Rental Dispute in HOA — Airbnb and VRBO

Texas courts have addressed HOA short-term rental bans with inconsistent results. The key issues are whether the restriction was properly adopted, whether the restriction is retroactive, and whether grandfathering rights exist for owners who were already renting.

Political Sign Rights in Texas HOA Communities

Section 202.009 of the Texas Property Code prohibits HOAs from banning political signs within specified periods before and after an election. HOAs may regulate sign size and location but cannot impose a blanket prohibition.

Solar Panel Rights in Texas HOA Communities

Section 202.010 of the Texas Property Code makes HOA restrictions that prohibit the installation of solar energy collection devices void and unenforceable. HOAs may impose reasonable aesthetic restrictions but cannot prohibit solar outright.

Expired and Unenforceable Deed Restrictions

Texas courts recognize three doctrines that can render a deed restriction unenforceable: expiration by its own terms, abandonment through widespread violation without enforcement, and changed conditions that have destroyed the purpose of the restriction.

Deed Restriction Interpretation — When the Language Is Ambiguous

When deed restriction language is ambiguous, Texas courts apply the rule of strict construction — resolving uncertainty against enforcement and in favor of the free use of land. Context, community practice, and the original intent of the developer all become relevant evidence.

HOA Violation Notice — What to Do the Day You Receive It

Texas HOA violation notices must comply with Chapter 209 of the Texas Property Code. Before paying a fine or ignoring the notice, homeowners should understand what the notice requires, what the cure deadline is, and what hearing rights they have under Section 209.0061.